1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. On June 12, 2013, the Plaintiff entered into a subcontract of the instant case with T&C Construction Co., Ltd. (hereinafter “T&C”) and entered into a contract with the Plaintiff to subcontract the construction cost for T&C construction (hereinafter “instant construction”) with respect to T&C construction works, among “S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-

(hereinafter referred to as the “instant subcontract”). B.

On July 3, 2013, T.C. Construction entered into a guarantee agreement between the Defendant and the Plaintiff with a view to guaranteeing the repayment of the obligation to pay payment based on the instant subcontract to the Plaintiff of T.C., and concluded a guarantee agreement between June 12, 2013 to August 29, 2014 (hereinafter the “instant guarantee agreement”), and accordingly, submitted a written guarantee of payment of subcontract consideration to the Plaintiff upon obtaining a written guarantee of payment from the Defendant.

C. On October 31, 2013, the Plaintiff requested T&C Construction to pay KRW 62,70,000 for the first term work price of the instant construction project, and requested T&C Construction to pay directly to the Plaintiff’s partner. At that time, T&C Construction agreed to pay KRW 15,00,000 to T&C Co., Ltd., Ltd., and KRW 10,000,000 to T&C Co., Ltd., and KRW 17,770,000 to the Plaintiff, respectively. (2) Meanwhile, on August 29, 2013, the Plaintiff re-subcontracted the instant construction work amount of KRW 370,700,000 to T&C Co., Ltd., Ltd. (hereinafter “S&C”) for the construction work amount of KRW 3700,000,000,000 for the first term work price of the instant construction project (hereinafter “C&C construction project”).